2. Hastings Variance 04-19CITY OF CHANHASSEN
PC DATE: 6/l/2004
CC DATE: 6/28/2004
REVIEW DEADLINE: 7/2/2004
CASE #: Variance 2004-19
BY: NB
STAFF REPORT
Z
PROPOSAL:
LOCATION:
APPLICANT:
A side yard setback variance for the construction of an addition.
9217 Lake Riley Boulevard, Lots 24 and 25, Shore Acres.
Greg and Kelly Hastings
9217 Lake Riley Boulevard
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential District, RSF
2020 LAND USE PLAN: Residential - Low Density
ACREAGE: Approximately 17,000 square feet
SUMMARY OF REQUEST: The applicant is requesting a seven-foot (7') side yard variance
to Section 20-615 of the Chanhassen City Code to allow a home office addition to a single-
family home
on a 17,000 square foot lot, zoned RSF, located at 9217 Lake Riley Blvd., Greg and Kelly
Hastings. The existing structure is 4.5 feet from the side lot line (not including eaves). The
setback variance
needs to include the eaves because ordinance does not allow eaves to extend into the setback if a
variance is granted.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in
approving
or denying a variance is limited to whether or not the proposed project meets the standards in the
Zoning Ordinance for a variance. The City has a relatively high level of discretion with a
variance because the applicant is seeking a deviation from established standards. This is a quasi
judicial decision.
Lyman Blvd (C.R. 18)
Location Map
Hastings Variance
9217 Lake Riley Blvd.
City of Chanhassen
Planning Case No. 04-19
Lyman Bird
Subject Property
Lake Riley
Variance 2004-19
June 1, 2004
Page 2
PROPOSAL SUMMARY
The proposed addition is located along the southeast portion of the existing structure. It has
dimensions of 6 feet by 10 feet (hall) and 8 feet by 14 feet (office) of which approximately 28
square feet of the proposed addition encroaches into the required setback. The existing structure is
4.5 feet from the side lot line at its closest point, which is less than the 10-foot setback required by
ordinance. The eaves on the house extend an additional 2 feet into the setback. The request is for a
7-foot side yard setback variance. The proposed addition is on the lake side of the structure;
however, it does not encroach into the 75-foot lake setback. The impervious surface coverage,
including the proposed addition, is approximately 20%. The maximum coverage allowed for
property zoned Single Family Residential is 25%.
APPLICABLE REGUATIONS
Sec. 20-615. Lot requirements and setbacks.
observed in an "RSF" District:
(5)
The setbacks are as follows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
c. For side yards, ten (10) feet.
The following minimum requirements shall be
Variance 2004-19
June 1, 2004
Page 3
Sec. 20-72. Nonconforming uses and structures.
(a)
(b)
There shall be no expansion, intensification, replacement, structural change, or
relocation of any nonconforming use or nonconforming structure except to lessen or
eliminate the nonconformity.
Notwithstanding any other provisions of this chapter, any detached single-family
dwelling that is on a nonconforming lot or that is a nonconforming use or structure may
be altered or expanded provided, however, that the nonconformity may not be increased.
If a setback of a dwelling is nonconforming, no additions may be added to the
nonconforming side of the building unless the addition meets setback requirements.
BACKGROUND
The Shore Acres subdivision was approved by the County Commission in 1951. The average lot
size in this subdivision is 50' x 100'. The applicant's property includes Lots 24 and 25.
On September 23, 1991, the Board of Adjustments and Appeals reviewed a front and side yard
variance request (91-16) for the construction of an addition and a garage on the subject property. At
that time, staff recommended denial of the variance, citing failure to find hardship. The front yard
setback variance request was denied, but the side yard variance request was approved. The variance
allowed the applicant to add a garage addition that extended directly from the north wall and kept
the same side yard setback as the existing house, similar to the proposed addition.
ANALYSIS
Ordinance requires a 10-foot side yard setback. The existing structure is located 4.5 feet from the
north (side) property line. The applicant wishes to expand the structure to the southeast,
maintaining the existing nonconforming setback. The expansion will result in an intensification of a
nonconforming situation. Staff realizes that the nonconforming portion of the expansion that will
require the variance is trivial; however, in order to recommend approval of a variance, a hardship
must exist. As explained in the narrative, it is necessary to have the addition in the proposed
location because with the existing roof line, this plan will reduce the chance for water/ice problems.
Staff determined that alternatives exist where all required setbacks are met. Additionally, staff feels
that a change in roof lines in order to meet the required setbacks would not adversely affect the
property.
There are numerous setback variances in this neighborhood due to the fact that the homes were built
in the 1950's, before the current regulations existed. This particular lot, however, is larger than
many lots in the neighborhood and does not have as many nonconforming issues. The proposed
addition would not encroach into the lake setback nor would it exceed the impervious surface
coverage limit.
Staff believes that the applicant has reasonable use of the property and is recommending denial
based on lack of hardship.
Variance 2004-19
June 1, 2004
Page 4
Staff has reviewed properties within 500 feet and compiled the following list of variances:
File Number Property Lakeshore Variance Request Action Taken..
91-16 9203 Lake Riley Yes 20 1hot Variance to front and a Front Yard-Denied
Blvd. 2.5 foot Variance to the side Side Yard-Approved
yard setback
92-2 9221 Lake Riley Yes 14 toot Variance to front, 6.5 Approved
Blvd. foot Variance to side yard
setback, and a 7% hard surface
coverage Variance
93-8 9243 Lake Riley Yes 9 foot Variance to the Approved
Blvd. shoreland setback and a 7.9
foot Variance to the front yard
setback
96-9 9225 Lake Riley Yes 3 and 5 toot Variance to the Approved
Blvd. side yard setbacks, a 33 foot
Variance to the lake shore
setback, and a Variance to
exceed hard surhce coverage
by 25%
98-6 9217 Lake Riley Yes 7 foot Variance to the fi'ont Approved
Blvd. yard setback
03-7 9221 Lake Riley Yes 13,535 foot Variance to the lot Approved
Blvd. size, 55 foot Variance from the
minimum lot width, 38 foot
Variance from the 90 foot lake
shore width, a 6'8" foot
Variance from the west side
yard setback, a 4-5 foot east
side yard setback variance, and
a 18 foot Variance to the 75
foot shoreland setback
03-12 9203 Lake Riley Yes 7 foot Variance to the side Approved
Blvd. yard setback
Staff is recommending denial of this request based upon the following:
1. The applicant has reasonable use of the property.
2. Staff determined that alternatives exist where all required setbacks are met.
3. Failure to prove hardship.
FINDINGS
The Planning Commission shall not grant a variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
Variance 2004-19
June 1, 2004
Page 5
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Finding: The applicant cun'ently has reasonable use of the property. This lot is 17,000
square feet, which is larger than thc minimum 15,000 square feet required for property
zoned RSF. Staff determined that alternatives exist where all required setbacks are met
without having an adverse afi'ect on the roof line.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: Most properties within the same zoning district conform to the side setback
ordinance. In this particular neighborhood, numerous setback variances exist due to existing
nonconforming lots and structures.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The added home office addition will potentially increase the value of the house;
however, it is not the primary reason for completing the addition.
The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is self-created. It is possible to complete the addition and meet the
setback requirements.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The variance would not have a negative impact on the public welfare or the
neighborhood surrounding the property.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variance should not have an impact on the supply of light or air to
the adjacent property nor will it have any effect on the congestion of public streets. The
variance would not have any effect on the danger of fire or public safety and would not
decrease property values in the area.
Variance 2004-19
June 1, 2004
Page 6
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies Variance #2004-19 to allow a 7-foot side setback on the
southeast side of the property for the following reasons:
1. The applicant has reasonable use of the property.
2. Staff determined that alternatives exist where all required setbacks are met.
3. Failure to prove hardship."
Should the Planning Commission choose to approve the variance, staff recommends that the
Planning Commission adopt the following motion:
"The Planning Commission approves variance 02004-19 to allow a 7-foot side setback on the
southeast side of the property, with the following conditions:
1. A building permit must be applied for within one year of approval
variance shall become void.
2. The addition must be built per plans submitted on April 28, 2004.
3. Show all existing easements within the property lines on the survey."
of the variance or the
ATTACHMENTS
1. Application & Narrative.
2. Survey showing proposed addition (addition not to scale).
3. Elevations of proposed addition (not to scale).
4. Floor plans of proposed addition (not to scale).
5. Public Hearing Notice and Affidavit of Mailing.
g:\plan\2004 planning cases\04-19 - hastings variance\04-19 staff report.doc
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
~ · ~/ ' ' ") ADDRESS:
ADDRESS: ~)',,I) L
TELEPHONE (Day Time)
CITY OF CHANHASSEN
RECEIVED
.APR g 8 2004
CHANHASSEN PLANNING DEPT
OWNER:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Rezening
Sign Permits
Sign Plan Review
Site Plan Review*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements
Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
X
Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds
- $400 Minor SUB
TOTAL FEE .
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
If you would like the City to provide mailing labels, check this box ~]
Building material samples must be submitted with site plan reviews.
*Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81~'' X 11" reduced copy for
each plan sheet.
**Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME:
LOCATION:
LEGAL DESCRIPTION:
TOTAL ACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
YES
NO
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: 5/ q L ~., ..~A,.~ ~.,(. 7. ,~,,'"(, )6 ],/4 ,t,'~d ~
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to cedify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I fudher
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing
requirements and agency review, the city requires an automatic 60-day extension for development review. Development
review shall be completed within 120 days unless additional review extensions are approved by the applicant.
Signature o~ee Owner
Date
Date
Application Received on
Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
G:~plan\forms\Development Review Application. DOC
April 25, 2004
Board of Adjustment and Appeal
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Board of Adjustment and Appeal,
Please consider our request for a proposed addition per our plans delivered to the city
office. We have lived in our 54 year old home for almost 18 years and our family is very
happy in our neighborhood and we would like to stay in our home.
The layout of our house is a little unusual because when you enter through the front door
there is no foyer area with closets and storage, instead you are right in the kitchen. With
a first and a third grader coming to and from school with backpacks, art projects, coats,
etc.., combined with our things, there is no space to put away any of these items or any
visitor's things.
We would like to build a new front entry to improve the existing front door "kitchen"
entrance. However, this new entry will then take the place of Greg's existing home
office/guest bedroom. Greg needs to continue working out of our home and it is
important that he remains on the main level to be watching for the kids to come home
from school.
We are requesting a variance to build a new office for Greg behind our existing garage.
This office will not be any closer to the lot line than the existing garage wall. Actually,
the front comer of the existing garage is closer to the lot line than the office will be. It is
necessary to have it at that location on our property because with the existing roof line, '
this plan will reduce the chance for water/ice problems and major expense. Also this
location would maintain a consistent look to the back exterior of the home. We do not
think this will be detrimental to our neighbors as we have discussed it with some of them
and they feel it would be fine. The board has already recognized the hardship that the
location of our existing home on our property presents by approving the last variance we
requested in 1998 - report #98-6. We hope that we will again get the opportunity to make
our home better for our family.
Thanks for your consideration.
~~elly Hastings
9217 Lake Riley Boulevard
Chanhassen, MN 55317
941-3031
Survey For--
Land Surveyors
Eden Prairie, MN 55344
Certificate of SurVey
A/a. ~'-/'/~!-~ ~ Book 3"~1 Page
,/
./
25'
APPROVED
'1-
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1
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) SS.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 20, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Variance to sideyard setback, Greg and Kelly Hastings- Planning Case #04-19 to the persons
named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses of such owners were those
appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by
other appropriate records.
.... Kflren J./En~ih'~rd0 Deputy Clerk /
Subscribed and sworn to before me
th~s,>qQ day of t) ~c~tV/ ,2004.
t4J~/'~'~-~' ')- No[ary Public
KlM T. MELIWISSEN ~
Notary Public- Minnesota ~
CARVER COUNTY ~,.
~ My Commi~on Expires 1/31/2005~
g:\plan\2004 planning cases\04-19 - hastings w~riancc\04-19 affidaxit doc
Lake Riley
Subject
Property
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is
a compilatioe of records, information and data located in various city, county, state and federal offices and
other sources regarding the area shown, and is to be used for reference purposes only. The City does not
warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the
City does not represent that the GIS Data can be used for navigational, tracking or any other purpose
requiring exacting measurement of distance or direction or precision in the depiction of geographic features
If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided
pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges that the
City shall not be liable for any damages, and expressly waives all clairns, and agrees to defend, indemnify,
and hold harmless the City from any and alt claims brought by User, its employees or agents, or third
parties which arise out of the aser's access or use of data provided.
Public
Hearing Notification Area
Hastings Variance
9217 Lake Riley Blvd.
City of Chanhassen
Planning Case No. 04-19
(500 feet)
Lyman Blvd (C. R. 18
Lake Riley
Subject Property
Smooth Feed SheetsTM Use template for 5160®
JONATHAN D & SARA E WORRE
300 SHOREVIEW CT
CHANHASSEN, MN 55317-7633
JOHN K & LESLIE G CADLE
301 SHOREVIEW CT
CHANHASSEN, MN 55317-7633
BRUCE & MICHELLE L REINHART
294 SHOREVIEW CT
CHANHASSEN, MN 55317-7608
GARY D & DANISE L MCMILLEN
9151 SUNNYVALE DR
CHANHASSEN, MN 55317-8532
RICHARD D & FRIEDA A OLIN
TRUSTEES OF TRUST
9125 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8652
RONALD P LILEK &
MARY M BENNETT-LILEK
9155 SUNNYVALE DR
CHANHASSEN, MN 55317-8532
JOHN R & JODI A ANFINRUD
295 SHOREVIEW CT
CHANHASSEN, MN 55317-7608
DAVID G & NANCY A SOLIDAY
291 SHOREVIEW CT
CHANHASSEN MN 55317~7608
DAVID A DUHAIME
9131 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8652
PATRICK E & ANGELA D SIMMONS
9203 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
RICHARD D & JOANNES SENGER
300 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
ROBERT D & KRISTIN S REBERTUS
320 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
PAMELA N GUYER
340 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
ROBERT M & NORA J MURRAY
360 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
DIANE L SIMERSON
380 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
MARK J RAMSEY &
KARLA K MCMURRY
400 DEERFOOT TRL
CHANHASSEN, MN 55317-9636
LELAND G SAPP & DIANE K TAYLOR
9209 LAKE RILEY BLVD
CHANHASSEN MN 55317-8654
SUNNYSLOPE HOMEOWNERS ASSN
CIO LESLIE TIDSTROM
340 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
DALE B & DIANE KUTTER
TRUSTEES OF TRUST
301 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
RICHARD R & JILL M MADORE
381 DEERFOOT TRL
CHANHASSEN MN 55317-8604
CURTIS G KRIER
9211 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
SCOTT ALAN WIRTH &
TERESA A KELLY
361 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
STEVEN A & PATRICIA A SEKELY
341 DEERFOOT TRL
CHANHASSEN MN 55317-8604
ROBERT J & LAURA B EVANS
331 DEERFOOT TRL
CHANHASSEN, MN 55317-8604
CRAIG GRANLUND
9245 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
DENNIS R & ANN BAKER
9219 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
JOYA & HILBERT F SMITH
9243 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
PAUL KENT OLSON
9239 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
DEAN SCOTT JOHNSON
14095 FOUNTAIN AVE
ST PAUL, MN 55124-5013
THOMAS J & SUE A SUTER
11397 WELTERS WAY
EDEN PRAIRIE, MN 55347-2851
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JAMES G & LAURA B HAMILTON
9225 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
FREDERICK POTTHOFF III &
JUDITH C POTTHOFF
9231 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
RONALD W 8, ELIZABETH C YTZEN
9227 LAKE RILEY BLVD
CHANHASSEN, MN 55317-8654
JOHN L & KATHLEEN H BRANDEL
15505 MN VALLEY BLUFF DR
SHAKOPEE, MN 55379-8228
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
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